Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2023, NUMBER 31-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW AUGUST 4, 2023 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number Z2023–0725–03 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .991 AMENDMENT MULTI–COUNTY: Citrus Heights Water District STATE AGENCY: CA State Board of Education TITLE 2.

CALIFORNIA COMMISSION ON AGING Conflict of Interest Code — Notice File Number Z2023–0714–03 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .992 TITLE 10. DEPARTMENT OF REAL ESTATE Regulations to Implement Senate Bill 1495 — Notice File Number Z2023–0721–01 . . . . . . . . . . . . . . . . . . . . . . . . . . .992 TITLE 11.

COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Minimum Standards for Training — Coroner Training Requirements — Notice File Number Z2023–0724–01 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .996 TITLE 13. AIR RESOURCES BOARD Heavy–Duty Engine and Vehicle Omnibus Regulation — Notice File Number Z2023–0718–09 . . . . . . . . . . . . . . . . . . .998 TITLE 14.

FISH AND GAME COMMISSION Mitigating Cervid Importation Risks — Notice File Number Z2023–0725–01 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1005 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Eureka Hill Road Bridge Seismic Retrofit Project, 2080–2023–014–01, Mendocino County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1009 DEPARTMENT OF FISH AND WILDLIFE Research on Fully Protected Species — Recovery and Research of California Condor . . . . . . . . . . . . . . . . . . . . . . . .1009 (Continued on next page)

The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months.

CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for San Benito River Restoration Project at Paicines Ranch, Tracking Number: 1653–2023–123–001–R4, San Benito County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1010 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination No . 1653–2023–116–001–R1, Mill Creek Campground Accessibility and Aquatic Habitat Improvement Project, Del Norte County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1011 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Sierra Pacific Land & Timber Company Forestland Management Program Habitat Conservation Plan, 2080–2023–013–00 . . . . . . . . . . . . . . . . . . . . . . . . . .1013 DEPARTMENT OF FISH AND WILDLIFE Concurrence Determination No . 2080–2023–008–02, Nonessential Experimental Population Designation and 4(

d) Take Provisions for Reintroduction of Central Valley Spring–Run Chinook Salmon to the Upper Yuba River and its Tributaries Upstream of Englebright Dam, Yuba County . . . . . . . . . . . . . . .1013 DEPARTMENT OF HEALTH CARE SERVICES Proposed BH–Connect

Section 1115 Demonstration Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1015 DEPARTMENT OF HEALTH CARE SERVICES Proposed CalAIMe

Section 1115 Demonstration Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1016 OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD Notice of Public Meeting and Business Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1017

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1018

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 991 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters . TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Polit - ical Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict–of– interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT MULTI–COUNTY: Citrus Heights Water District STATE AGENCY: CA State Board of Education A written comment period has been established commencing on August 4, 2023 and closing on Sep - tember 18, 2023.

Written comments should be direct - ed to the Fair Political Practices Commission, Atten - tion Daniel Vo, 1102 Q Street, Suite 3000, Sacramen- to, California 95811. At the end of the 45–day comment period, the pro - posed conflict–of–interest codes will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho - rized representative requests, no later than 15 days pri- or to the close of the written comment period, a public hearing before the full Commission.

If a public hear - ing is requested, the proposed codes will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest codes, proposed pursuant to Government Code Sec - tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed codes to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, ar - guments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest codes.

Any written comments must be received no later than September 18, 2023. If a public hearing is to be held, oral com - ments may be presented to the Commission at the hearing. COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. There- fore, they are not “costs mandated by the state” as de- fined in Government Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code–reviewing body for the above conflict–of– interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re–submission.

REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest codes should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 323–9103.

AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Com- mission should be made to Daniel Vo, Fair Political

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 992 Practices Commission, 1102 Q Street, Suite 3000, Sac- ramento, California 95811, telephone (916) 323–9103. TITLE 2. CALIFORNIA COMMISSION ON AGING NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE NOTICE IS HEREBY GIVEN that the Califor- nia Commission on Aging, pursuant to the authority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commencing on August 4, 2023 and closing on September 18, 2023. All inquiries should be directed to the contact listed below. The California Commission on Aging proposes to amend its conflict–of–interest code to include employ- ee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons.

Changes to the conflict–of–interest code include: clarification that the CA Commission on Aging Mem- bers must file their statement of economic interests with the Fair Political Practices Commission and oth - er individuals holding designated positions must file with the CA Commission on Aging; specification of the new SSM I Supervisor position; clarification that the disclosure of investments and business positions include “receipt of” loans, gifts, and travel payments; and also makes other technical changes. The proposed amendment and explanation of the reasons can be obtained from the agency’s contact.

Any interested person may submit written com - ments relating to the proposed amendment by sub - mitting them no later than September 18, 2023, or at the conclusion of the public hearing, if requested, whichever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than September 3, 2023. The CA Commission on Aging has determined that the proposed amendments: 1. Impose no mandate on local agencies or school districts. 2. Impose no costs or savings on any state agency. 3. Impose no costs on any local agency or school district that are required to be reimbursed un - der

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4. Will not result in any nondiscretionary costs or savings to local agencies. 5. Will not result in any costs or savings in federal funding to the state. 6. Will not have any potential cost impact on private persons, businesses or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Leza Coleman, Staff Services Man - ager I Supervisor, (916) 419–7594, leza.coleman@ ccoa.ca.gov. TITLE 10. DEPARTMENT OF REAL ESTATE The Real Estate Commissioner and the Department of Real Estate (collectively, “DRE”), propose amend - ing

Section 3002 of the Regulations of the Real Estate Commissioner, California Code of Regulations, Title 10,

Chapter 6 (“Regulations”), and adding

Section 3002.2 to the Regulations, after considering all com - ments, objections and recommendations regarding this proposed action. Publication of this notice commences a 45–day public comment period. PUBLIC HEARING A public hearing is not scheduled. A public hearing will be held if any interested person, or that person’s duly authorized representative, submits a written re - quest for a public hearing to the DRE, at the contact listed below, no later than 15 days prior to the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person, or that person’s authorized representative, may submit written comments rel - evant to this proposed regulatory action to the DRE addressed as follows:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 993 Regular Mail Department of Real Estate Attention: Jeanine Clasen, S acramento Legal Office P.O. Box 137007 Sacramento, CA 95813–7007 Electronic Mail DRE.RegComments@dre.ca.gov Facsimile (916) 263–8767 Comments may be submitted until 5:00 p.m., September 19, 2023. AUTHORITY AND REFERENCE

Section 10080 of the Business and Professions Code (the “Code”) authorizes the DRE to adopt regulations that are reasonably necessary to enforce the provi - sions of Division 4,

Part 1

Part 1 of the Code (Sections 10000 through 10508) and related laws (collectively, the “Real Estate Law”), including the laws governing the real estate education courses that must be com - pleted to qualify for the real estate salesperson license examination and/or license, and the real estate broker license examination and/or license. Herein, persons applying for such license examinations or licenses are referred to as “prospective licensees.” This regulation proposal implements, interprets and makes specific the new law enacted in 2022 known as SB 1495 (Committee on Business, Profes - sions and Economic Development,

Chapter 511, Stat - utes of 2022) (“SB 1495”), which (in pertinent part) revised the “real estate practice” course set forth in Code

section 10153.2 (“Section 10153.2”), to include components on implicit bias and fair housing (anti– discrimination) laws, beginning January 1, 2024. Specifically,

Section 10153.2, as amended by SB 1495 (“Amended 10153.2”), requires the real estate practice course provided in subdivision (a)(1)(A)(ii) to include the following: 1. A component on implicit bias, including educa - tion regarding the impact of implicit bias, explicit bias, and systemic bias on consumers, the histori- cal and social impacts of those biases and action- able steps students can take to recognize and ad - dress their own implicit biases. 2. A component on federal and state fair housing laws as those laws apply to the practice of real estate.

The fair housing component shall include an interactive participatory component during which the applicant shall roleplay as both a con - sumer and real estate professional. Prospective licensees must complete the real estate practice course and other courses set forth in Code sections 10151 and/or 10152.3 to qualify for a real es- tate license. Courses that count toward these statutory education requirements must meet all applicable stat - utory criteria.

Such courses are provided to prospec - tive licensees by accredited institutions 1 and private vocational schools (collectively, “course providers” or “providers”). Courses that count toward the statutory education requirements must receive the DRE’s pri - or approval if they are offered by private vocational schools. Courses offered by accredited institutions need not have DRE’s prior approval, but many ac - credited institutions seek the DRE’s prior approval anyway to ensure that their students meet all statuto - ry real estate education requirements.

Once the DRE has approved a real estate education course, existing

Section 3002 of the Regulations (or “current

Section 3002”) requires the provider (regardless of whether it is a private vocational school or accredited institution) to obtain prior DRE approval (or “reapproval”) of any “material change” to that course. The above–referenced portion of SB 1495 follows a related 2021 bill known as SB 263, (Rubio,

Chapter 361, Statutes of 2021) (“SB 263”), which made very similar changes to the continuing education course re- quirements for real estate licensees under Code

section 10170.5. Like SB 1495, SB 263 added requirements for continuing education on implicit bias and fair housing laws, with an “interactive participatory component,” to Code

section 10170.5. In 2022, the DRE adopted regulations necessary for the effective implementation of SB 263 similar to those proposed herein. INFORMATIVE DIGEST/ PLAIN ENGLISH OVERVIEW In this proposal, the DRE amends current

Section 3002 and adds new

Section 3002.2 to the Regulations (“Section 3002.2”), as necessary to implement SB 1495. Specifically, this proposal: ■ A mends

Section 3002 to include, in its defini - tion of a “material change” to a real estate edu- cation course (“course” or “courses”) previously approved by the DRE, changes that are made to that course for the purpose of satisfying

Section 10153.2, as amended by SB 1495. ■ A mends

Section 3002 to specify, in subdivision (d), that course providers who apply for the DRE’s reapproval of their courses updated to comply 1 An “accredited institution” in this context is defined by

Section 10153.5 of the Code as “a college and university” that either: (

a) is accredited by the Western Association of Schools and Colleges, or any other regional accrediting agency recognized by the Unit - ed States Department of Education; or (

b) in the judgment of the Real Estate Commissioner, has “a real estate curriculum equiv - alent in quality to that of an institution accredited as provided in subdivision (a).”

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 994 with a legislative change to

Section 10153.2 must pay the standard fee for course approval applica - tions if their applications are submitted on or af - ter the effective date of the new legislation. ■ Amends

Section 3002 to remove outdated and obsolete references to “Bureau.” ■ Adds new

Section 2002.2, which interprets and makes specific the term “interactive participatory component” as used in Amended 10153.2. Anticipated Benefits of the Proposed Regulation

Section 3002, as amended, benefits the DRE, course providers affected by SB 1495, prospective licensees and members of the public as set forth below. First, amended

Section 3002 benefits the DRE by allowing its effective implementation of the revised education requirements of SB 1495. It allows DRE to require its approval of all previously–approved real estate practice courses that are updated in an effort to comply with Amended 10153.2. Under current

Section 3002, real estate education courses offered by private vocational schools that count towards the statutory education requirements in

Section 10151 and/or Sec - tion 10153.2 must have DRE’s prior approval obtained through a course–approval application procedure. Business & Professions Code § 10153.5. Current Sec- tion 3002 also requires the DRE’s reapproval of any approved course (regardless of whether it is provid - ed by an accredited institution or private vocational school) that is “materially changed,” but expressly ex- cludes from this requirement courses that are modified to comply with new legislation.

Accordingly, existing law does not currently authorize the DRE to require its reapproval of previously–approved real estate prac- tice courses that are modified to comply with the re - vised education requirements of SB 1495. Amended

Section 3002 authorizes this by slightly expanding its definition of “material change” to include any course modifications made for the purpose of complying with legislative changes to

Section 10153.2 (including those imposed by SB 1495). Second, amended

Section 3002 benefits the DRE and the field by allowing the DRE to ensure the proper and uniform application of the new SB 1495 require - ments by course providers throughout this state. The real estate courses required by Amended 10153.2 in - clude components on “implicit bias” and “fair hous - ing,” which are generally described therein and sus - ceptible to a wide range of different

interpretations. Without the DRE’s reapproval process, providers may update their real estate practice courses based on their own

interpretations of these requirements, which is likely to result in inconsistent and/or lower quality updated courses, and/or “updated” courses that do not comply with SB 1495 being offered to prospective licensees. The DRE’s reapproval process authorized by amended

Section 3002 benefits the DRE and the field by avoiding this result and allowing the DRE to ensure the uniform, effective implementation of SB 1495. Through this process, the DRE can give course providers crucial guidance necessary for them to un - derstand and make their updated courses comply with SB 1495. This benefits prospective licensees who take their updated courses by ensuring sufficient quality and uniformity in the course contents. Ensuring prop - er and sufficient education of prospective licensees benefits members of the public who deal with them as licensees. Third, amended

Section 3002 allows the DRE’s im- plementation of SB 1495 in a manner consistent with its 2021 implementation of parallel changes to statu - tory continuing education requirements for real estate licensees imposed by SB 263. As noted above, in 2022, the DRE adopted regulations necessary to implement SB 263 that are very similar to those proposed here. Fourth, amended

Section 3002 clarifies for course providers how they can comply with Amended 10153.2, and when they will have to pay a course–approval fee to obtain the DRE’s approval of their real estate prac - tice courses modified for such compliance. This in - formation also serves to underscore the fact that DRE approval is required for such modified courses. As to

Section 3002.2, it benefits the DRE, course providers, prospective licensees and members of the public who deal with them, in that it enhances imple - mentation of course education by specifically defin - ing the term “interactive participatory component” required in

Section 10153.2, as amended by SB 1495. Proposed

Section 3002.2 benefits the DRE by allow - ing its effective and efficient dissemination of crucial guidance on the meaning of this otherwise–ambiguous term in the form of a regulation. This regulation will benefit course providers by giving them a specific definition of “interactive participatory component” which they can use to make sure their courses comply with SB

Section 3002.2 allows the DRE to implement the “interactive participatory component” required by SB 1495 in a manner consistent with its implementation of the parallel requirement for continuing education of licensees added to

Section 10170.5 by SB 263. Lastly, by helping the DRE to ensure course provid- ers’ proper compliance with SB 1495,

Section 3002.2 will benefit prospective licensees by ensuring their re- ceipt of sufficient education on subjects intended by the Legislature. This, in turn, benefits members of the public who deal with them.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 995 DISCLOSURES REGARDING THE PROPOSED ACTION The DRE has made the following determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: The DRE an - ticipates a cost resulting from its waiver of standard course–approval fees ($150) for providers that apply for its reapproval of their courses updated to com - ply with SB 1495 before January 1, 2024.

Although it is likely that many of these providers will file their reapproval applications on or after January 1, 2024 and therefore be charged such fees, DRE’s econom - ic impact assessment assumes its maximum possible cost based on the maximum possible amount of fees waived. Cost to any local agency or school district that must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None.

Cost impacts on a representative private person or business: There are approximately 133 small business providers that will have to apply for DRE’s reapproval of their courses updated to comply with SB 1495 un - der the proposed regulation. Providers who file such applications with the DRE on or after January 1, 2024 will incur the cost of DRE’s standard course–approval fee ($150).

Although many providers are likely to file their reapproval applications before January 1, 2024 and thereby avoid paying such fees, the economic im- pact assessment assumes the maximum possible cost to providers based on the maximum possible number of reapproval applications filed on or after January 1,2024. Significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states: None. Significant effect on housing costs: None.

Evaluation of Inconsistency/Incompatibility with Existing State Regulations The DRE has determined that these proposed reg - ulations are not inconsistent or incompatible with ex - isting regulations. After conducting a review for any regulations that would relate to the sections affected by this proposal, the DRE has concluded that these are the only State of California regulations relating to these subjects.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT The DRE concludes that it is: (1) unlikely that this regulation proposal (“proposal”) will eliminate any jobs for real estate licensees or associated professions; (2) unlikely that this proposal will create jobs; (3) un - likely that this proposal will create new businesses of any sort; (4) unlikely that this proposal will eliminate any existing businesses; (5) unlikely that this propos - al will result in the expansion of businesses currently doing business in the state; and (6) unlikely that the proposal will benefit worker safety or the state’s envi- ronment, but will benefit the health and welfare of Cal- ifornia residents through improved real estate licensee understanding of implicit bias and fair housing laws.

BENEFITS OF THE PROPOSED ACTION As to amended

Section 3002, it benefits the DRE, course providers and others in at least the following ways. It allows the DRE’s effective implementation of SB 1495 by authorizing the requirement that all approved courses modified in an attempt to comply with Amended 10153.2 must be re–reviewed and re - approved by the DRE through its course–approval ap- plication process. This requirement allows the DRE to ensure that providers of approved real estate prac - tice courses properly comply with new law affecting those courses, including SB 1495.

This benefits course providers, since they will receive crucial one–on–one guidance from the DRE during the approval process on how to make their courses satisfy Amended 10153.2. This benefits the DRE by allowing it to ensure suffi - cient uniformity and quality in the real estate practice courses received by prospective licensees throughout the state. This benefits prospective licensees who take those courses by ensuring their receipt of sufficient quality education on matters covered in the real estate license examinations and which are relevant to their future licensed activities.

Ensuring the proper quality and content of education received by licensees gener - ally benefits consumers who deal with them. As to

Section 3002.2, it benefits course providers and prospective licensees who take their courses by interpreting and specifying certain ambiguous terms in

Section 10153.2, as amended by SB 1495. Such specification or

interpretation is necessary guidance for providers and prospective licensees to understand and comply with the law. This proposal also benefits the DRE by allowing its efficient and effective dissem- ination of such crucial guidance in regulatory form. This guidance also helps the DRE ensure the proper content and quality of courses provided to prospective licensees pursuant to

Section 10153.2, as amended by SB 1495. Ensuring the sufficient quality of prospective

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 996 licensees’ education on real estate subjects relevant to their future licensed activity is generally in the best interest of members of the public who deal with them as explained in the preceding paragraph. SMALL BUSINESS DETERMINATION All providers affected by this regulation proposal are small businesses.

The fiscal impact of this regu - lation proposal on such providers consists of the stan - dard course–approval fee ($150) charged to providers that apply on or after January 1, 2024 for the DRE’s reapproval of their courses updated to comply with SB 1495. Although many providers are likely to avoid this fee by filing their reapproval applications before January 1, 2024, the DRE’s economic impact assess - ment assumes the maximum possible cost to providers based on the maximum possible number of reapproval applications filed on or after January 1, 2024.

CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the DRE must determine that no reasonable alternative considered, or that has otherwise been identified and brought to its attention, would be more effective in carrying out the purpose for which this regulatory action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The DRE invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulation during the written comment period. CONTACT PERSON Inquiries concerning this action may be directed to Jeanine Clasen at (916) 576–3783, or via email at DRE.RegComments@dre.ca.gov. The backup contact person is Stephen Lerner at (916) 576–8100.

AVAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The DRE will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its headquarters office: 1651 Exposition Boulevard, Sacramento, California. As of the date this notice is published in the Notice Regis - ter, the rulemaking file consists of this notice, the pro- posed text of the regulations, the initial statement of reasons, the Form STD 399 fiscal analysis of the pro - posal.

Copies may be obtained by contacting Jeanine Clasen at the mailing address and email address listed on the first page of this notice. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, the DRE may adopt the proposed regulation substantially as described in this notice. If the DRE makes modifications that are sufficiently related to the originally proposed text, DRE will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the DRE adopts the regulation as revised.

A request for a copy of any modified regulation(

s) should be addressed to the con- tact person designated above. The DRE will accept written comments on the modified regulation for 15 days after the date on which they are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons will be available and copies may be requested from the contact person named in this notice or may be ac - cessed on the website listed below.

AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the notice, the initial statement of reasons, and the text of the regulations in underline and strike - out can be accessed through DRE’s website at www. dre.ca.gov. TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING MINIMUM STANDARDS FOR TRAINING — CORONER TRAINING REQUIREMENTS Notice is hereby given that the Commission on Peace Officer Standards and Training (POST) proposes to amend regulations in Division 2 of Title 11 of the Cal- ifornia Code of Regulations as described below in the Informative Digest. A public hearing is not scheduled.

Pursuant to Government Code (GC)

section 11346.8, any interested person, or their duly authorized repre - sentative, may request a public hearing. POST must receive the written request no later than 15 days prior to the close of the public comment period.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 997 PUBLIC COMMENTS DUE BY SEPTEMBER 18, 2023. Notice is also given that any interested person, or authorized representative, may submit written com - ments relevant to the proposed regulatory action by fax at (916) 404–5619, by email to Jennifer Hardesty at jennifer.hardesty@post.ca.gov or by letter to: Commission on POST Attention: Jennifer Hardesty 860 Stillwater Road, Suite 100 West Sacramento, CA 95605–1630 AUTHORITY AND REFERENCE This proposal is made pursuant to the authority vested by Penal Code (PC)

section 13503 (authority of POST), PC § 13506 (POST authority to adopt reg - ulations), and PC § 13510 (POST authority to adopt and amend rules establishing minimum standards). This proposal is intended to interpret, implement, and make specific PC § 13510(a)(2), which authorizes POST to adopt, and may from time to time amend, rules establishing minimum standards for training. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW PC § 832 states, in part: ● Every person described in this

chapter as a peace officer shall satisfactorily complete an introduc - tory training course prescribed by POST. ● Training in the carrying and use of firearms shall not be required of a peace officer whose employ- ing agency prohibits the use of firearms. Commission Regulation 1005(a)(4) currently re - quires Coroners or Deputy Coroners to complete both the PC § 832 Arrest and PC § 832 Firearms Cours - es.

The implementation of the proposed changes will ensure Commission Regulation 1005(a)(4) is consis - tent with the requirements of PC § 832 and will only require the PC § 832 Firearms Course be completed when the carrying and use of firearms is authorized by the employing agency. Anticipated Benefits of the Proposed Amendments: The benefits anticipated by the proposed amend - ments to the regulation will allow employing agencies to provide the training that is necessary for their cor - oners or deputy coroners and not require training in the carrying and use of firearms when prohibited by the agency.

Thus, the law enforcement standards are maintained and effective in preserving peace, protec - tion of public health, safety, and welfare of California. The proposed amendments will have no impact on worker safety or the state’s environment. Evaluation of Inconsistency/Incompatibility with Existing State Regulations: POST has determined that these proposed amend - ments are not inconsistent nor incompatible with ex - isting regulations.

After conducting a review for any regulations that would relate to or affect this area, POST has concluded that these are the only regula - tions that concern processes and procedures for peace officer eligibility in the state. FORMS/DOCUMENTS INCORPORATED BY REFERENCE There are no forms/documents incorporated by ref - erence in this proposed action. DISCLOSURES REGARDING THE PROPOSED ACTION POST has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None.

Costs to any local agency or school district which must be reimbursed in accordance with GC §§ 17500 through 17630: None. Other non–discretionary costs or savings imposed on local agencies: None. Costs or savings in federal funding to the state: None. Cost impacts on a representative private persons or business: POST is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Significant, statewide adverse economic impact di - rectly affecting California businesses: POST has de - termined that the proposed regulations will not have a significant, statewide adverse economic impact di - rectly affecting businesses, including the ability of California businesses to compete with businesses in other states. Significant effect on housing costs: None. Small Business Determination: POST has deter - mined that the proposed regulations will not affect small businesses because the regulations only affect state agencies that are adopting, amending, or repeal - ing regulations.

Additionally, the Commission’s main function to select and maintain training standards for law enforcement has no effect financially on small businesses. RESULTS OF ECONOMIC IMPACT ANALYSIS/ASSESSMENT POST concludes that it is (1) unlikely the proposal will create nor eliminate jobs in the state of California,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 998 (2) unlikely that the proposal will create nor eliminate any businesses, and (3) unlikely that the proposed reg- ulations will result in the expansion of businesses cur- rently doing business within the state. Benefits of the Proposed Action: As stated above under the Informative Digest/Policy Statement Over - view, the benefits of the regulation will increase the efficiency of the state of California in delivering ser - vices to stakeholders by allowing employing agencies to provide necessary training and not requiring unnec- essary training.

Thus, the law enforcement standards are maintained and effective in preserving peace, pro- tection of public health, safety, and welfare in Califor- nia. There would be no impact that would affect work- er safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES In accordance with Government Code § 11346.5, subdivision (a)(13), POST must determine that no reasonable alternative it considered, or that has other - wise identified and brought to its attention, would be more effective in carrying out the purpose for which the action is proposed, or would be as effective as and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in im - plementing the statutory policy or other provision of law than the proposed action.

CONTACT PERSONS Questions regarding this proposed regulatory action may be directed to Jennifer Hardesty, Commission on POST, 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630, at (916) 227–3917. General questions regarding the regulatory process may be directed to Katelynn Poulos at (916) 227–4894.

TEXT OF PROPOSAL Individuals may request copies of the proposed text (the “express terms”) of the regulations, the initial statement of reasons, the modified text of the regu - lations, if any, or other information upon which the rulemaking is based to, the Commission on POST at 860 Stillwater Road, Suite 100, West Sacramento, CA 95605–1630. These documents are also lo - cated on the POST Website at https://post.ca.gov/ Regulatory–Actions.

ADOPTION OF PROPOSED REGULATIONS/AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public comment period, the Commis- sion may adopt the proposal substantially as set forth without further notice, or the Commission may mod - ify the proposal if such modifications remain suffi - ciently related to the text as described in the Informa - tive Digest.

If the Commission makes changes to the language before the date of adoption, the text of any modified language, clearly indicated, will be made available at least 15 days before adoption to all persons whose comments were received by POST during the public comment period and to all persons who request notification from POST of the availability of such changes. A request for the modified text should be ad- dressed to the agency official designated in this notice. The Commission will accept written comments on the modified text for 15 days after the date that the revised text is made available.

AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS The rulemaking file contains all information upon which POST is basing this proposal and is available for public inspection by contacting the person(

s) named above. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations and the initial statement of reasons. To request a copy of the Final Statement of Reasons once it has been approved, submit a written request to the contact person(

s) named above. TITLE 13.

AIR RESOURCES BOARD NOTICE OF PUBLIC COMMENT PERIOD ON PROPOSED AMENDMENTS TO THE HEAVY–DUTY ENGINE AND VEHICLE OMNIBUS REGULATION The Executive Officer (EO) of the California Air Resources Board (CARB or Board) is proposing to consider the adoption of amendments to the Heavy– Duty (HD) Engine and Vehicle Omnibus (Omnibus) regulation under the authority granted by the Board in Resolution 23–15, wherein the Board delegated to the EO the power to adopt, amend, and revoke emis - sion standards, test procedures, compliance test pro - cedures, and compliance flexibilities for new on–road motor vehicles that the Board previously reserved to itself in Board Resolution 78–10.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 999 Written comments on the proposed regulatory amendments must be received by September 18, 2023, in order to be considered by the EO. A public hearing is not currently scheduled; however, you may request the EO to conduct a public hearing. The process for requesting a public hearing is explained in the Written Comment Period and Submittal of Comments

section of this notice, below. If a request for a public hearing is received by September 3, 2023, the public hearing will be conducted by the EO. The time, date, and place of the hearing will be provided in a separate notice. WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS In accordance with the Administrative Procedure Act, interested members of the public may present comments in writing by postal mail or by electronic submittal. A public hearing is currently not scheduled. The public comment period for this regulatory action will begin on August 4, 2023.

To be considered by the EO, written comments must be submitted by Sep - tember 18, 2023. Comments submitted outside that comment period are considered untimely. CARB may, but is not required to, respond to untimely comments, including those raising significant environmental is - sues. Comments submitted must be addressed to one of the following: Postal mail: Clerks’ Office, California Air Resources Board 1001 I Street, Sacramento, CA 95814 Electronic submittal: https://www.arb.ca.gov/lispub/comm/bclist.php Any interested person may request a public hearing pursuant to

section 11346.8 of the California Govern - ment Code, no later than 15 days before the close of the written comment period. A public hearing will be scheduled if any interested person, or their duly authorized representative, requests such a hearing in writing by September 3, 2023. The request for a hear- ing may be submitted in the same manner as written comments.

Please note that under the California Public Records Act (Government Code, § 7920.000 et seq.), your writ- ten and oral comments, attachments, and associated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be re - leased to the public upon request. Additionally, the EO requests but does not require that persons who submit written comments to the EO reference the title of the proposal in their comments to facilitate review.

AUTHORITY AND REFERENCE This regulatory action is proposed under the au - thority granted in California Health and Safety Code, sections 39500, 39600, 39601, 40000, 43013, 43018, 43100, 43101, 43102, 43104, 43105, 43106, 43205.5, and 43806; and California Vehicle Code

section 28114. This action is proposed to implement, interpret, and make specific California Health and Safety Code sections 39500, 39600, 39601, 43013, 43018, 43100, 43101, 43102, 43104, 43105, 43106, 43205.5, 43210.5, and 43806; and California Vehicle Code

section 28114. INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY STATEMENT OVERVIEW (Government Code, § 11346.5, subdivision (a)(3)) SECTIONS AFFECTED: Proposed amendment to California Code of Regula- tions, title 13, sections 1956.8, 1971.1, and 1975.1. DOCUMENTS INCORPORATED BY REFERENCE (CAL.

CODE REGS., TITLE 1, § 20, SUBDIVISION (C)(3)): The following document would be incorporated in the regulation by reference as specified by section: ● “California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy–Duty Diesel Engines and Vehicles,” ad - opted December 12, 2002, as last amended on [Insert Date of Amendment], incorporated by ref- erence in 13 CCR 1956.8. ● Title 40 Code of Federal Regulations,

Part 86 “§ 86.010–18 — On–board Diagnostics for en - gines used in applications greater than 14,000 pounds GVWR,” as last amended January 24, 2023, incorporated by reference in 13 CCR 1971.1. The above listed document is being amended by this regulation, and thus the amendment date would be the date that the regulation is adopted by CARB.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 1000 BACKGROUND AND EFFECT OF THE PROPOSED REGULATORY ACTION: Existing Regulatory Requirements On–road HD vehicles 1 operate throughout Califor - nia and are an essential part of the state’s economy; they include long–haul trucks, drayage trucks, tran - sit buses, refuse trucks, and other commercial work vehicles. According to California’s emissions inven - tory model, almost a million HD vehicles operate on California roads each year.

These vehicles are signif - icant sources of oxides of nitrogen (NOx), particulate matter (PM), and greenhouse gas (GHG) emissions. In fact, heavy–duty vehicles comprise the largest NOx emission source category in the state. New HD engines have been subject to a nationwide NOx standard of 0.20 grams per brake horsepower hour (g/bhp–hr) and a PM emission standard of 0.01 g/bhp–hr since 2010. In addition to these emissions standards, California has also adopted programs that substantially reduce emissions from in–use heavy– duty vehicles.

These programs include vehicle idling restrictions and in–use fleet rules such as the Truck and Bus Regulation, which require the upgrade of older trucks and buses to newer and cleaner engines that meet 2010 model year (MY) engine standards by 2023. To comply with these in–use regulations, fleets have made substantial investments to purchase lower– emitting vehicles. In 2013, California established optional low–NOx standards 2 for new HD engines, with the most aggres- sive standard being 0.02 g/bhp–hr, which is 90 percent below the 2010 HD standard.

The optional low–NOx standards were developed to pave the way for more stringent mandatory standards by encouraging man - ufacturers to develop and certify low–NOx engines, and incentivizing potential customers to purchase these low–NOx engines.

Since 2015, a number of en - gine families, some using natural gas and others using liquefied petroleum gas, have been certified to the op- tional NOx standards. 3 On September 9, 2021, California adopted the Om - nibus regulation which primarily established more stringent NOx and PM standards applicable to new 2024 and subsequent MY medium– and HD diesel 1 Under California regulations, HD vehicles are those vehicles with a gross vehicle weight rating (GVWR) greater than 8,500 pounds, while medium–duty vehicles are a subcategory of heavy–duty vehicles with a GVWR between 8,501 and 14,000 pounds.

Manufacturers have the option to certify medium–duty engines used in vehicles from 10,001 to 14,000 pounds GVWR to the engine standards specified for engines in vehicles over 14,000 pounds. 2 Optional Reduced NOx Standards for Heavy–duty Vehicles | CARB 3 Optional Low NOx Certified Heavy–Duty Engines as of 02242022 and Otto–cycle engines. 4 For heavy–duty diesel en - gines (HDDE), the regulation established more strin - gent standards on existing certification cycles such as the HD Transient Federal Test Procedure (FTP), the Supplemental Emission Test Ramped Modal Cycle (SET), and the CARB Idle Test Procedure, and new exhaust emission standards on a new certification cycle (low load cycle).

Furthermore, to ensure that in–use emissions are controlled during most of the vehicle’s operations, the preexisting Not–To–Exceed HD in–use testing methodology was replaced with a more representative 3–Bin Moving Average Window (3B–MAW) methodology. The preexisting emissions warranty and useful life periods were also lengthened to reflect the longevity of current HD vehicles. On January 24, 2023, the United States Environmen- tal Protection Agency (U.S.

EPA) finalized the federal Clean Trucks Plan (CTP) NOx rule, which sets stricter emission standards for new 2027 and later MY HD en- gines and contains elements similar to CARB’s Om - nibus regulation. In general, CARB’s 2031 and later MY Omnibus standards and test procedures are more stringent than the corresponding provisions of the fed- eral CTP NOx rule. Furthermore, U.S. EPA currently does not have emission standards or emission–related requirements that are as stringent as CARB’s 2024 through 2026 MY Omnibus requirements.

Summary of Proposed Amendments The Omnibus regulation currently contains a pro - vision that allows manufacturers to elect to produce and sell a fraction of their 2024 and 2025 MY HDDEs rated below 525 bhp to the current 0.20 g/bhp–hr NOx and 0.01 g/bhp–hr PM emission standards (hereinafter referred to as legacy engines), provided they offset any resulting legacy engine NOx or PM emission deficits with credits obtained from the HD zero–emission av - eraging set.

If sufficient credits from the zero–emission averaging set are not available, or such credits are not available below a specified cost threshold, then upon approval by CARB’s EO, the manufacturer may offset the deficits using combustion engine credits from the same HDDE averaging set.

If credits from the same HDDE averaging set are not available, the manufac - turer may carry over the NOx or PM deficit balance generated by legacy engines until the end of the 2026 MY, provided the manufacturer offsets the remaining legacy engine generated deficit balance times 1.25 with credits from the HD zero–emission averaging set or the same HDDE averaging set.

If at the end of the 2026 MY, a sufficient quantity of HD zero–emission or HDDE credits are not available for the manufac - turer to offset the remaining legacy engine generated deficit balance times 1.25, the manufacturer, upon ap- proval by CARB’s EO, may offset the legacy engine 4 Heavy–Duty Omnibus Regulation | CARB

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 1001 emission deficits times 1.25 by performing projects in disadvantaged communities. To utilize this option, a manufacturer must certify at least one engine family to the Omnibus requirements. As 2024 model year certification approached, CARB staff became aware through manufacturer product plans for 2024 to 2026 that while the tech - nology for diesel–fueled Omnibus compliant engines was available, manufacturers did not intend to pro - duce such engines for some categories of trucks in California.

Given the impacts to fleets manufacturers were projecting, additional flexibility was desired to enable a smoother transition to the omnibus standards. CARB staff is proposing to amend the legacy engine provisions in the Omnibus regulation to provide addi- tional compliance flexibility to allow manufacturers to produce and certify greater numbers of 2024 through 2026 MY legacy engines, while also ensuring the pro- posed amendments will not reduce the emissions ben- efits of the Omnibus regulation. CARB staff is pro - posing two options for manufacturers to choose from.

Option 1 would keep the existing legacy engine sales limits of 45 percent for MY 2024 and 25 percent for MY 2025 and extend the applicability to MY 2026 with a 10 percent California legacy engine limit. If a manufacturer exceeds the legacy engine sales limits, deficits from the additional one percent sales volume above the limit would have to be remediated at four times the deficit balance. Any legacy engine sales above the production and sales limits including the additional one percent volume would be considered as non–compliant engine sales.

Option 2 would be available to manufacturers that produce and sell medium heavy–duty diesel (MHDD) engines and another class of HD engines. Under this option, MHDD legacy engine sales would be limited to 60 percent in each of MYs 2024 and 2025. The sales limits for combined light heavy–duty diesel (LHDD) and heavy heavy–duty diesel (HHDD) engines would be 15 percent in 2024 MY and 8 percent in 2025 MY.

If a manufacturer exceeds the legacy engine sales limits, deficits from the additional 5 percent sales vol- ume above the limit for MHDDs, and additional one percent sales volume above the limit for LHDDs and HHDDs would have to be remediated at four times the deficit balance. Any legacy engine sales above the distribution limits including the additional allowed exceedances would be considered as non–compliant engine sales. The pathways for offsetting legacy engine emission deficits would remain the same as in the existing Om- nibus regulation.

In addition, the proposed amend - ments include other flexibilities including the ability to certify a legacy engine family before certification of the Omnibus compliant engine family and the ability to start working on projects in disadvantaged commu- nities as early as 2024 MY. The EO may also consider other changes to the sec- tions affected, as listed on page 2 of this notice, or oth- er sections within the scope of this notice, during the course of this rulemaking process.

OBJECTIVES AND BENEFITS OF THE PROPOSED REGULATORY ACTION: Objectives As 2024 model year certification approached, CARB staff became aware through manufacturer product plans for 2024 to 2026 that while the tech - nology for diesel–fueled Omnibus compliant en - gines was available, manufacturers did not intend to produce such engines for some categories of trucks in California. Given the impacts to fleets, additional flexibility was desired to enable a smoother transition to the Omnibus standards.

CARB staff is introducing the proposed amendments, which would provide addi- tional flexibility to assure originally intended engine availability levels while maintaining the originally projected emissions reductions. Environmental and Health Benefits As discussed above, similar to the existing legacy engine provisions, manufacturers would be required to offset any excess NOx and/or PM emissions defi - cits generated from legacy engine sales by using the same pathways currently existing in the Omnibus regulation.

As a result, the proposed amendments are emissions–neutral; that is, they are not projected to provide any additional emission reductions, nor are they expected to result in any emissions increases. Emissions and health benefits expected from the Om - nibus regulation as initially adopted would remain the same. Economic Impacts The proposed amendments are expected to be cost neutral to manufacturers because the technology cost savings gained from the sale of legacy engines will be offset by the cost for the credits or projects needed to offset the legacy engine deficits.

There will be an operational cost savings to the fleet operators due to the decreased use of diesel exhaust fluid (DEF) in leg- acy engines valued at approximately $60 to $200 per engine on an annual basis. CARB staff expects fleets to purchase new legacy engines at an increased cost between $600 and $2,000 so they may utilize DEF savings. The savings and costs to the fleet owners are expected to have a net zero change over the years be - tween 2024 through 2035. A detailed assessment of the economic impacts of the proposed regulatory ac - tion can be found in the Economic Impact Analysis

chapter of the Initial Statement of Reasons (ISOR).

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 1002 COMPARABLE FEDERAL REGULATIONS: Both California and U.S. EPA have the authority and responsibility to set emission standards for new HD engines and vehicles. For the past several decades, California’s and U.S. EPA ’s HD engine emissions standards and other emission–related requirements have largely been harmonized. Thus, for many years the regulated industry has been able to design and pro- duce a single product line of engines and vehicles that comply with both U.S. EPA and CARB emission stan- dards and sold in all 50 states.

So–called “50–state” certification enable technology suppliers and manu - facturers to efficiently produce a single set of reliable and compliant products. HD vehicles comprise the largest NOx emissions source category in California, contributing to about a third of total statewide NOx inventory. As a result, California urgently needs to achieve significant emis - sion reductions from on–road HD vehicles in order to meet the California’s State Implementation Plan (SIP) commitments and protect public health. The Omnibus regulation is one of the biggest measures in the 2016 State SIP Strategy.

The regulation, as adopted on Sep- tember 9, 2021, was developed to achieve significant NOx emission reductions by requiring HD engines meet stricter requirements beginning with MY 2024. On January 24, 2023, U.S. EPA finalized the CTP NOx rule which sets stricter emission standards for new 2027 and later MY HD engines and has nearly all the same elements as the Omnibus regulation. In gen - eral, CARB’s 2031 and later MY Omnibus standards and test procedures are more stringent than those of the CTP NOx rule. Furthermore, U.S.

EPA current - ly does not have emission standards or emission– related requirements that are as stringent as CARB’s 2024 through 2026 MY Omnibus requirements. AN EVALUATION OF INCONSISTENCY OR INCOMPATIBILITY WITH EXISTING STATE REGULATIONS (Government Code, § 11346.5, subdivision (a)(3)(D)): During the process of developing the proposed amendments to the Omnibus regulation, CARB con - ducted a search of any similar regulations on this topic and concluded these regulations are neither inconsis - tent nor incompatible with existing state regulations.

DISCLOSURE REGARDING THE PROPOSED REGULATION FISCAL IMPACT/LOCAL MANDATE DETERMINATION REGARDING THE PROPOSED ACTION (Government Code, § 11346.5, subdivisions (a)(5)&(6)): The determinations of the Board’s EO concerning the costs or savings incurred by public agencies and private persons and businesses in reasonable compli - ance with the proposed regulatory action are present - ed below.

Under Government Code sections 11346.5, subdivi- sion (a)(5) and 11346.5, subdivision (a)(6), the EO has determined that the proposed regulatory action would not create a net costs or savings to any State agency, would not create costs or savings in federal funding to the State, would not create a net increase in costs or mandate to any local agency or school district, wheth- er or not reimbursable by the State under Government Code, title 2, division 4,

part 7 (commencing with sec- tion 17500), or other nondiscretionary cost or savings to State or local agencies. The proposed regulatory action would not create a net cost to state agencies, local agencies or school dis- tricts purchasing and operating HD vehicles for their fleets. These agencies and school districts with fleets are expected to have an upfront cost that is balanced with annual operational savings over the ten years of useful life as discussed in the Economic Impacts sec - tion on page six, above.

Additionally, sales taxes are levied in California to fund a variety of programs at the state and local level. The expected increase in pur- chase price of a HD vehicle and the subsequent sav - ings in operational costs for a legacy engine are ex - pected balance one another and they will have no net impact over the regulatory useful life of the engines. HOUSING COSTS (Government Code, § 11346.5, subdivision (a)(12)): The EO has also made the initial determination that the proposed amendments to the Omnibus regulation will not have a significant effect on housing costs.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 1003 SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (Government Code, §§ 11346.3, subdivision (a), 11346.5, subdivision (a)(7), 11346.5, subdivision (a)(8)): The EO has made an initial determination that the proposed regulatory action would not have a signifi - cant statewide adverse economic impact directly af - fecting businesses, including the ability of California businesses to compete with businesses in other states, or on representative private persons.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT (Government Code, § 11346.5, subdivision (a)(10)): NON–MAJOR REGULATION: STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (EIA): (

A) The creation or elimination of jobs within the State of California . The proposed regulatory action is expected to have no impact to the creation or elimination of jobs within the State of California. (

B) The creation of new business or the elimination of existing businesses within the State of California . The proposed regulatory action is expected to have no impact to the creation of new businesses or the elimination of existing businesses within the State of California. (

C) The expansion of businesses currently doing business within the State of California . The proposed regulatory action is not expected to impact the expansion of businesses currently doing business within the State of California. (

D) The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment . The proposed regulatory action is not expected to have an impact to the health and welfare of California residents, worker safety, and the state’s environment.

Effect on Jobs/Businesses: The EO has determined that the proposed amend - ments would not affect the creation or elimination of jobs within the State of California, the creation of new businesses or elimination of existing businesses within the State of California, or the expansion of businesses currently doing business within the State of Califor - nia. A detailed assessment of the economic impacts of the proposed regulatory action can be found in the Economic Impact Analysis in the ISOR.

Benefits of the Proposed Regulation: The objective of the proposed amendments is to ad- dress some unanticipated changes to manufacturers’ product lines and ensure adequate product availability during the 2024–2026 MY transition years as manu - facturers adjust to the new lower Omnibus NOx emis- sion standards. A

summary of these benefits is provided, please re - fer to “Objectives and Benefits”, under the Informative Digest of Proposed Action and Policy Statement Over- view Pursuant to Government Code

section 11346.5, subdivision (a)(3) discussion on page five. BUSINESS REPORT (Government Code, §§ 11346.5, subdivision (a)(11); 11346.3, subdivision (d)): In accordance with Government Code sections 11346.5, subdivisions (a)(11) and 11346.3, subdivision (d), the EO finds the reporting requirements of the pro- posed amendments which apply to businesses are nec- essary for the health, safety, and welfare of the people of the State of California.

COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES (Government Code, § 11346.5, subdivision (a)(9)): In developing this regulatory proposal, CARB staff evaluated the potential economic impacts on repre - sentative private persons or businesses. CARB is not aware of any cost impacts that a representative private person would necessarily incur in reasonable compli - ance with the proposed action. A business purchasing and operating fleets may incur an initial cost between $600 to $2,000 per engine and an annual operational cost savings between $60 to $200 per engine depend - ing on engine class.

Over the 10 years of regulatory useful life of these legacy engines, the costs and sav - ing balance each other out and there is zero net fiscal impact to businesses. A detailed assessment of the economic impacts of the proposed regulatory action can be found in the Economic Impact Analysis

chapter of the ISOR. EFFECT ON SMALL BUSINESS (CAL. CODE REGS., TITLE 1, § 4, SUBDIVISIONS (

A) AND (B)): The EO has also determined under California Code of Regulations, title 1,

section 4, that the proposed regulatory action would affect small businesses. Small businesses are defined here to be California fleets that own three or fewer HD vehicles. A small business pur-

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 1004 chasing and operating fleets may incur an initial cost between $600 to $2,000 per engine and an annual op - erational cost savings between $60 to $200 per engine depending on engine class. Over the 10 years of reg - ulatory useful life of these legacy engines, the costs and saving balance each other out and there is zero net fiscal impact to businesses. A detailed assessment of the economic impacts of the proposed regulatory action can be found in the Economic Impact Analysis

chapter VIII of the ISOR.

CONSIDERATION OF ALTERNATIVES (Government Code, § 11346.5, subdivision (a)(13)): Before taking final action on the proposed regulato- ry action, the EO must determine that no reasonable alternative considered by the EO or that has otherwise been identified and brought to the attention of the EO would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in im- plementing the statutory policy or other provisions of law.

STATE IMPLEMENTATION PLAN REVISION If adopted by CARB, CARB plans to submit the proposed amendments to the Omnibus regulation to the U.S. EPA for approval as a revision to the Califor- nia SIP required by the federal Clean Air Act (CAA). The adopted regulatory action would be submitted as a SIP revision because it amends regulations intended to reduce emissions of air pollutants in order to attain and maintain the National Ambient Air Quality Stan - dards promulgated by U.S. EPA pursuant to the CAA.

ENVIRONMENTAL ANALYSIS CARB has determined that the proposed amend - ments are exempt from the requirements of the Cal - ifornia Environmental Quality Act (CEQA). CARB’s regulatory program, which involves the adoption, ap - proval, amendment, or repeal of standards, rules, reg - ulations, or plans for the protection and enhancement of the State’s ambient air quality, has been certified by the California Secretary for Natural Resources un - der Public Resources Code

section 21080.5 of CEQA (14 CCR 15251(d)). Public agencies with certified regulatory programs are exempt from certain CEQA requirements, including but not limited to, preparing environmental impact reports, negative declarations, and initial studies. CARB, as a lead agency, prepares a substitute environmental document (referred to as an “Environmental Analysis” or “EA”) as part of the Staff Report prepared for a proposed action to comply with CEQA (17 CCR 60000–60008).

If the proposed amendments are finalized, a Notice of Exemption will be filed with the Office of the Secretary for the Natural Resources Agency for public inspection. CARB has determined that the proposed amend - ments to the Omnibus regulation is exempt from CEQA under the “general rule” or “common sense” exemption (14 CCR 15061(b)(3)). The common sense exemption states a project is exempt from CEQA if “the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibili - ty that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Based on CARB’s review, the proposed amendments would not result in increased criteria or toxics pollut - ant emissions, nor GHG emissions, compared to exist- ing conditions. The proposed amendments would not result in any new or modified facilities, nor any other types of construction or operational–related impacts that could lead to potential adverse environmental im- pacts.

It can therefore be seen with certainty that there is no possibility that the proposed amendments may result in a significant adverse impact on the environ - ment; therefore, this activity is exempt from CEQA. SPECIAL ACCOMMODATION REQUEST Consistent with California Government Code sec - tion 7296.2, special accommodation or language needs may be provided for any of the following: ● An interpreter to be available at the hearing; ● Documents made available in an alternate format or another language; and ● A disability–related reasonable accommodation.

To request these special accommodations or lan - guage needs, please contact the Clerks’ Office at cotb@arb .ca .gov o r ( 9 1 6 ) 3 2 2 – 5 5 9 4 a s s o o n a s p o s- sible, but no later than ten business days before the scheduled EO hearing, if one is requested. TTY/TDD/ Speech to Speech users may dial 711 for the California Relay Service.

Consecuente con la sección 7296.2 del Código de Gobierno de California, una acomodación especial o necesidades lingüísticas pueden ser suministradas para cualquiera de los siguientes: ● Un intérprete que esté disponible en la audiencia; ● Documentos disponibles en un formato alterno u otro idioma; y

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 1005 ● Una acomodación razonable relacionados con una incapacidad. Para solicitar estas comodidades especiales o nece - sidades de otro idioma, por favor llame a la oficina del Consejo al cotb@arb .ca .gov o (916) 322–5594 lo más pronto posible, pero no menos de 10 días de trabajo antes del día programado para la audiencia del Con - sejo, si lo solicitan. TTY/TDD/Personas que necesiten este servicio pueden marcar el 711 para el Servicio de Retransmisión de Mensajes de California.

AGENCY CONTACT PERSONS Inquiries concerning the substance of the pro - posed regulatory action may be directed to the agen - cy representative Daniel Hawelti, Staff Air Pollution Specialist, On–Road Heavy–Duty Diesel Section, at (951) 542–3195 or (designated back–up contact) Mit - zi Magtoto, Staff Air Pollution Specialist, On–Road Heavy–Duty Diesel Section, at (916) 323–8975. AVAILABILITY OF DOCUMENTS CARB staff has prepared a Staff Report: ISOR for the proposed regulatory action, which includes a sum- mary of the economic and environmental impacts of the proposal.

The report is entitled: Staff Report: Ini - tial Statement of Reasons–Public Hearing to Consider the Proposed Amendments to the Heavy–Duty Engine and Vehicle Omnibus Regulation. Copies of the ISOR and the full text of the proposed regulatory language, in underline and strikeout format to allow for comparison with the existing regulations, may be accessed on CARB’s website listed below, on August 1, 2023. Please contact Chris Hopkins, Regu - lations Coordinator, at Chris .Hopkins@arb .ca .gov or (279) 208 7347 if you need physical copies of the docu- ments. Pursuant to Government Code

section 11346.5, subdivision (b), upon request to the aforementioned Regulations Coordinator, physical copies would be obtained from the Public Information Office, Califor - nia Air Resources Board, 1001 I Street, Visitors and Environmental Services Center, First Floor, Sacra - mento, California, 95814. Further, the agency representative to whom non - substantive inquiries concerning the proposed ad - ministrative action may be directed is Chris Hopkins, Regulations Coordinator, (279) 208 7347.

The Board staff has compiled a record for this rulemaking ac - tion, which includes all the information upon which the proposal is based. This material is available for in- spection upon request to the contact persons. HEARING PROCEDURES The public hearing will be conducted by the EO in accordance with the California Administrative Proce - dure Act, Government Code, title 2, division 3,

part 1,

chapter 3.5 (commencing with

section 11340), if a public hearing is requested. For details on how to re - quest a hearing, please refer to the “Written Comment Period and Submittal of Comments”

section of this document. Following the close of the comment period, the EO may adopt the regulatory language as originally pro - posed, or with non–substantial or grammatical modi - fications. The EO may also approve for adoption the proposed regulatory language with other modifica - tions if the text as modified is sufficiently related to the originally proposed text that the public was adequate - ly placed on notice and that the regulatory language as modified could result from the proposed regulatory action.

If this occurs, the full regulatory text, with the modifications clearly indicated, will be made available to the public, for written comment, at least 15–days before final adoption. The public may request a copy of the modified reg - ulatory text, if applicable, from CARB’s Public Infor- mation Office, California Air Resources Board, 1001 I Street, Visitors and Environmental Services Center, First Floor, Sacramento, California, 95814.

FINAL STATEMENT OF REASONS A VAILABILITY Upon its completion, the Final Statement of Reasons (FSOR) will be available and copies may be requested from the agency contact persons in this notice, or may be accessed on CARB’s website listed below. INTERNET ACCESS This notice, the ISOR and all subsequent regulato - ry documents, including the FSOR, when completed, are available on CARB’s website for this rulemak - ing at https://ww2 .arb .ca .gov/rulemaking/2023/ hdomnibus2023 . TITLE 14.

FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the authority vested by sections 200, 203, 265, 355, 1050, 2120, 2122, 2150, 2355, 3003.1, 3005.5, 3800, and 4150 of the Fish and Game Code and to implement, inter - pret or make specific sections, 13.5, 33, 80, 110, 200, 201, 203, 203.1, 240, 260, 265, 270, 275, 355, 356, 1001, 1008, 2055, 2116.5, 2118, 2118.2, 2118.4, 2120, 2121,

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 1006 2122, 2124, 2150, 2150.2, 2150.4, 2150.5, 2151, 2185, 2186, 2187, 2189, 2190, 2193, 2350, 2353, 2355, 3003.1, 3004.5, 3219, 3800, 3950, 4011, and 4150 of said Code, proposes to amend sections 257.5, 475, 676, and 712 and add sections 681, and 714, Title 14, California Code of Regulations (CCR), relating to mitigating risks for cervid importation and movement. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Unless otherwise specified, all

section references in this document are to Title 14, CCR. The California Department of Fish and Wildlife (De- partment) is recommending that the California Fish and Game Commission (Commission) amend sections 257.5, 475, 676, and 712 and add sections 681, and 714 to target known risk factors for the introduction and spread of wildlife diseases such as chronic wasting disease (CWD) to California’s cervid populations. Diseases can have significant long–term effects on native wildlife populations, especially novel diseases.

Once a disease becomes established in a wild popula - tion there are often very few management strategies available, and successes are limited. Prevention is gen- erally the most effective management practice for dis- eases affecting wildlife. CWD is the most significant disease affecting cervids (deer, elk, moose, caribou) in North America, but it has never been detected in California. To prevent CWD and other diseases from being imported into California, the Department rec - ommends that new regulations be adopted which will target known risk factors and mitigate the possibility of accidental importation.

Detecting CWD in California’s deer or elk would require irrevocable changes to how the Department manages these species. As CWD prevalence increases in a population, population growth rates (λ) decrease and once past a certain threshold, populations will decline. CWD in California could result in changes to California’s hunting regulations and traditions, and would require significant Department resources to manage. While CWD poses a significant risk to cervids, it is not the only disease of concern associated with the movement of captive cervids.

Cervids are suscepti - ble to bovine tuberculosis (bTB) and brucellosis, two important diseases that affect the livestock industry. The USDA has established disease programs to limit or eliminate these diseases from livestock. While the Commission’s regulations currently require testing for these diseases, the testing requirements have not been amended for many years. To align with current USDA testing standards, the Commission is updating dis - ease testing requirements in addition to introducing CWD–specific regulations. The proposed changes include: ●

Section 257.5 adds cervid–derived biofluid to the list of substances which can be used to define a “baited area”, and adds a new subsection which makes it unlawful to use any lures or similar ma - terials that contain, or are labeled or advertised to contain, biological fluids from cervids to take game birds or mammals. ●

Section 475 adds a new subsection making it un - lawful to use lures or similar materials that con - tain, or are labeled or advertised as containing, any biological fluid derived from a cervid. ●

Section 676 removes the currently incorporated Fallow Deer Farming Importation Application form and replaces it with a new Cervidae Impor - tation Application form (DFW 1681), defines re - quirements for a health certificate to accompa - ny imported live cervids, and updates testing re - quirements for bTB and brucellosis. ●

Section 681 will be added to implement the new importation permit for any live cervids and out - lines the requirements for permit application. ●

Section 712 adds a new definition of skull plate to clarify importation requirements. ●

Section 714 will be added to make it unlawful to import or possess any material that contains or is labeled or advertised as containing any biological fluid derived from a cervid. Benefit of the Regulations The goal of these regulations is to prevent the im - portation of CWD, and other diseases affecting cer - vids, into California by enhancing the Department’s ability to regulate known risk factors for the move - ment, transmission, and spread of CWD and other diseases: movement of live cervids, their parts, and their products.

The proposed regulations provide the Department with greater control over the importation of live animals which may carry the disease. Prohi - bition on the possession and use of cervid–derived biofluids, such as urine–based lures, mitigates the risk of importing infectious prions through such products.

Additional specificity in hunter importation regula - tions will make it clear to the regulated public which animals are included in the cervid group and there - fore require precautions to be imported after harvest and assist them in processing their harvested animals to avoid potentially importing parts of animals which may carry infectious prions. The benefit of these pro - posed regulations is to provide tools to further prevent to importation of diseases like CWD.

Consistency and Compatibility with Existing Regulations The proposed regulations are neither inconsistent nor incompatible with existing State regulations. Sec - tion 2118 of the Fish and Game Code classifies cervids

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 1007 as wild animals. Pursuant to Fish and Game Code sec- tion 2120, the Commission has the authority to regu - late the entry, importation, possession, transportation, keeping, confinement, and release of all wild animals that will be or have been imported into California. Pursuant to

Section 200 of the Fish and Game Code, the Commission has the authority to regulate the tak - ing and possession of mammals.

Section 80 of the Fish and Game Code provides that a provision of the Fish and Game Code that applies to a whole animal is pre - sumed to also apply to a part of the animal. The Com- mission has reviewed its own regulations and finds that the proposed regulations are neither inconsistent nor incompatible with existing State regulations. The Commission has searched the California Code of Reg- ulations and finds no other State agency regulations pertaining to the importation of live cervids, importa - tion of hunter harvested cervid parts, or use and pos - session of lures.

PUBLIC PARTICIPATION Comments Submitted by Mail or Email It is requested, but not required, that written com - ments be submitted on or before September 28, 2023 at the address given below, or by email to FGC@fgc. ca.gov. Written comments mailed, or emailed to the Commission office, must be received before 12:00 noon on October 6, 2023. If you would like copies of any modifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, PO Box 944209, Sacramento, CA 94244–2090.

Meetings NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in River Lodge Conference Center, 1800 River Walk Drive, Fortu - na, California, which will commence at 8:30 a.m. on Tuesday August 22, 2023, and may continue at 8:30 a.m. on Wednesday August 23, 2023. This meeting will also include the opportunity to participate via we- binar/teleconference. Instructions for participation in the webinar/teleconference hearing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899.

Please refer to the Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most cur - rent information. NOTICE IS ALSO GIVEN t h a t a n y p e r s o n i n- terested may present statements, orally or in writing, relevant to this action at a hearing to be held in San Jose, California, which will commence at 8:30 a.m. on Wednesday, October 11, 2023 , and may contin - ue at 8:30 a.m. on Thursday, October 12, 2023. The exact location of this meeting has not yet been deter - mined. This meeting will also include the opportunity to participate via webinar/teleconference.

Instructions for participation in the webinar/teleconference hear - ing will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. Please refer to the Commission meeting agenda, which will be available at least 10 days prior to the meeting, for the most current information. AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the regula - tion in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov.

The regulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Melissa Miller–Henson, Ex - ecutive Director, Fish and Game Commission, 715 P Street, Box 944209, Sacramento, CA 94244–2090, phone (916) 653–4899. Please direct requests for the above–mentioned documents and inquiries concern - ing the regulatory process to Melissa Miller–Henson or Jenn Bacon at FGC@fgc.ca.gov or at the preceding address or phone number.

Brandon Munk, Wildlife Veterinarian, Department of Fish and Wildlife, has been designated to respond to questions on the sub- stance of the proposed regulations. Mr. Munk can be reached at (916) 358–2790 or WHLab@wildlife. ca.gov. AVAILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein.

If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff. IMPACT OF REGULATORY ACTION/RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco - nomic impacts that might result from the proposed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made:

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 1008 (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The Commission does not anticipate signifi - cant statewide adverse economic impact direct - ly affecting businesses including the ability of California businesses to compete with businesses in other states. The businesses affected by cervid importation permit requirements would largely be 1) restricted species (Title 14,

section 671) per- mit holders that have cervids (e.g. zoos, sanctu - aries, and other exhibitors) and permitted fallow deer farms (Title 14,

Section 676); people look - ing to start one of these businesses; similar busi - nesses looking to travel through CA, (i.e. import permits would still be required even if just travel- ing through CA); 2) businesses affected by a cer- vid–derived biofluid ban, including retailers that sell cervid–derived biofluid–based lures which are not widely sold or used in the state, but arti - ficial scent lures would not be affected by these regulations and would remain available; and 3) restricted species breeder permit holders look - ing to import semen for artificial insemination.

Clarifications of the regulations regarding the im- portation of cervid body parts into the state will not introduce any new costs or demand for goods and services. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Commission anticipates that the proposed regulations will not impact the creation or elim - ination of jobs within the state, the creation of new businesses or the elimination of exist - ing businesses, or the expansion of businesses in California because these proposed regulato - ry changes to mitigate CWD and other diseases will impose discretionary non–monetary costs on a small sector of the state with little to no stim - ulus to the demand for goods or services within the state economy.

The proposed prevention mea- sures will benefit fallow deer farming and out - door recreation businesses by helping to ensure healthy cervid populations. Direct benefits are anticipated to the state’s envi- ronment, specifically the native deer and elk pop- ulations while indirect benefits are anticipated to be the health and welfare of California residents by preserving hunting traditions and wildlife viewing opportunities. Additionally, the proposed disease prevention measures would deter substantially increased Department management costs in the long–run by preventing the importation of CWD.

This will allow current budgets to continue to further con - servation programs to preserve deer, elk, and oth- er California native species for their ecosystem values and as a resource for consumption and en- joyment by state and non–state residents. The Commission does not anticipate any benefits to worker safety with the proposed regulations. (

c) Cost Impacts on a Representative Private Person or Business: The Commission estimates no cost impacts on representative businesses for importing live cer - vids for restricted species or fallow deer farming permit holders. The import application and per - mit approval would have no associated fee. Costs for disease testing and Certificate of Veterinary Inspection are already incurred for most cervid imports into California because of federal inter - state movement regulations and best practices. These proposed requirements would not increase that cost.

Records retention requirements may in- volve additional time that live deer farming busi- nesses and zoos will incur should they continue to choose to import live deer. Importing deer is not strictly necessary for fallow deer farms and is discretionary. Time spent on permit applications and records retention requirements will remain a small fraction of the total cost of importation of live cervids. The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: The Commission anticipates no new costs or savings to state agencies or to federal funding to the State. The proposed regulatory measures to mitigate the risk of disease importation into the state are projected to save the Department costs in the long–run. Other states’ experienc - es show that state wildlife agencies spend eight– fold more managing CWD once the disease is de- tected within the state.

The Department Wildlife Health Laboratory (WHL) effort to review and approve cervid importation permits is expected to be unchanged. Department law enforcement costs are expected to be unchanged, as the rou - tine level of field enforcement is expected to be sufficient. There may be a decrease in the num - ber of citations for improper importation of parts

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 1009 from hunter harvested animals as the regulation change will clarify what can and cannot be im - ported from cervids harvested out–of–state. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

f) Programs Mandated on Local Agencies or School Districts: None. (

g) Costs Imposed on any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these regulations may affect small business. The Commis - sion has drafted the regulations in Plain English pur - suant to Government Code Sections 11342.580 and 11346.2(a)(1).

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carry- ing out the purpose for which the action is proposed, would be as effective and less burdensome to affect - ed private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR EUREKA HILL ROAD BRIDGE SEISMIC RETROFIT PROJECT 2080–2023–014–01 MENDOCINO COUNTY The California Department of Fish and Wildlife (CDFW) received a notice on July 18, 2023 that the California Department of Transportation (Caltrans) proposes to rely on a consultation between federal agencies to carry out a project that may adversely af - fect a species protected by the California Endangered Species Act (CESA). The proposed project involves the retrofitting of a seismically deficient Eureka Hill Road Bridge.

Proposed activities will include, but are not limited to (1) construction of a temporary work pad in the channel with temporary culverts to main - tain flow and fish passage through the site, (2) addition of steel columns casings to piers 2, 3, and 4, (3) instal- lation of cast in drill piles (CIDH) at abutments 1 and 5 and piers 2, 3, and 4 and (4) construction below grade “concrete top mats” at piers 2, 3, and 4 to tie piles to existing pier footings. The proposed project will occur at Eureka Hill Road Bridge, located where the Eureka Hill Road crosses the Garcia River.

The National Marine Fisheries Service (Service) is- sued a federal biological opinion (BO) (Service Ref. No. WCR–2014–834) in a memorandum to Caltrans on June 25, 2014 which considered the effects of the proposed project on federally threatened Northern California (NC) steelhead (Oncorhynchus mykiss), state and federally endangered Central California Coast (CCC) coho salmon (O. kisutch), and federally threatened California Coastal (CC) Chinook salmon (O. tshawytscha) . CDFW issued a Consistency Deter - mination (No. 2080–2022–009–01) on June 16, 2022.

Following a change in the project scope, Caltrans reinitiated consultation with the Service. The Ser - vice issued an updated federal BO (Service Ref. No. WCRO–2023–00634) on July 12, 2023. Pursuant to California Fish and Game Code

section 2080.1, Caltrans is requesting a determination that the Incidental Take Statement (ITS) and its associated BO are consistent with CESA for purposes of the proposed project. If CDFW determines the ITS and associated BO are consistent with CESA for the proposed project, Caltrans will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) for the proposed project. DEPARTMENT OF FISH AND WILDLIFE PROPOSED RESEARCH ON FULLY PROTECTED SPECIES RECOVERY AND RESEARCH OF CALIFORNIA CONDOR The Department of Fish and Wildlife (Department) received a renewal and amendment request on January 31, 2023, from Pinnacles National Park, requesting

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 1010 authorization to take California Condor ( Gymnogyps californianus) (condor), for scientific research purpos- es, consistent with the protection and recovery of the species. The condor is a Fully Protected bird and is also listed as Endangered under the California Endan- gered Species Act and Endangered under the federal Endangered Species Act.

Pinnacles National Park requests authorization for captive holding, release, transportation, tracking, re - search activities, and providing medical treatment to condors in support of the California Condor Recov - ery Program in conjunction with program operations and in accordance with the methods approved by the Department and the U.S. Fish and Wildlife Service (under a Recovery Permit). Pinnacles National Park also requests to change the Principal Officer contact to Blanca Alvarez Stransky, Superintendent, and the Principal Permittee contact to Alacia Welch, Condor Program Manager.

The Department intends to issue, under specified conditions, a Memorandum of Understanding (MOU) to authorize Pinnacles National Park to carry out the proposed activities. The applicants are also required to have valid federal permits for the condor. Pursuant to California Fish and Game Code (FGC)

Section 3511(a)(1), the Department may authorize take of Fully Protected bird species after a 30–day notice has been provided to affected and interested parties through publication of this notice. If the Department determines that the proposed research is consistent with the requirements of FGC

Section 3511 for take of Fully Protected birds, it would issue the authoriza - tion on or after September 3, 2023, for an initial and renewable term of up to, but not to exceed, five years. Contact: Shannon Skalos, Shannon.Skalos@wildlife. ca.gov. DEPARTMENT OF FISH AND WILDLIFE FISH AND GAME CODE

SECTION 1653 CONSISTENCY DETERMINATION REQUEST FOR SAN BENITO RIVER RESTORATION PROJECT AT PAICINES RANCH (TRACKING NUMBER: 1653–2023–123–001–R4) SAN BENITO COUNTY California Department of Fish and Wildlife (CDFW) received a Request to Approve on 7/20/2023, that the Doodlebug Ranches, LLC, proposes to carry out a habitat restoration or enhancement project pursuant to Fish and Game Code

section 1653. The proposed proj- ect involves the building of 23 beaver dam analogues, 2 post–assisted log structures, and 3 rock–fill fords. The proposed project will be carried out on the San Benito River, located at Paicines Ranch, San Benito County, California.

On 2/24/2023, the Central Coast Regional Water Quality Control Board (Regional Water Board) re - ceived a Notice of Intent (NOI) to comply with the terms of, and obtain coverage under, the General 401 Water Quality Certification Order for Small Habitat Restoration Projects (General 401 Order) for the San Benito River Restoration Project at Paicines Ranch.

The Regional Water Board determined that the Proj - ect, as described in the NOI, was categorically exempt from California Environmental Quality Act (CEQA) review (section 15333 — Small Habitat Restoration Projects) and met the eligibility requirements for cov- erage under the General 401 Order. The Regional Wa- ter Board issued a Notice of Applicability (WDID No. 33523WQ02) for coverage under the General 401 Or- der on 7/17/2023. Doodlebug Ranches, LLC, is requesting a determi - nation that the project and associated documents are complete pursuant to Fish and Game Code

section 1653 subdivision (d). If CDFW determines the proj - ect is complete, Doodlebug Ranches, LLC, will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) or a Lake or Streambed Alteration Agreement under Fish and Game Code

section 1605 for the proposed project. In accordance with Fish and Game Code

section 1653 subdivision (e), if CDFW determines during the review, based on substantial evidence, that the request is not complete, Doodlebug Ranches, LLC, will have the opportunity to submit under Fish and Game Code

section 1652.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 1011 DEPARTMENT OF FISH AND WILDLIFE HABITAT RESTORATION AND ENHANCEMENT ACT CONSISTENCY DETERMINATION N U M BER 1653–2023–116–001–R1 Project: Mill Creek Campground Accessibility and Aquatic Habitat Improvement Project Location: Del Norte County Applicant: Victor Bjelajac, California Department of Parks and Recreation BACKGROUND Project Location: The Mill Creek Campground Ac- cessibility and Aquatic Habitat Improvement Project (Project) is located at approximately 5 miles south of Crescent City, California within Del Norte Coast Redwoods State Park on a small unnamed tributary to West Branch Mill Creek, Assessor’s Parcel Num - ber 126–070–02, Latitude/Longitude 41.69965 N, 124.09595 W.

The Mill Creek watershed supports populations of coho salmon ( Oncorhynchus kisutch ), Chinook salmon (O . tshawytscha), and steelhead trout (O . mykiss). Project Description: Victor Bjelajac (Applicant) representing the California State Parks, proposes to restore connectivity and function on a small tributary to provide a net conservation benefit for coho salmon and other salmonids. An existing culvert on a foot trail is a fish passage barrier, and occurrences of adult and juvenile coho salmon have been documented imme - diately downstream of the trail crossing.

The Project will remove the existing undersized culvert and re - place it with an appropriately sized footbridge. Instal - lation of the new footbridge will improve passage con- ditions and connectivity to the small stream, which likely provides important non–natal rearing habitat for salmonids. Project Size: The total area of ground disturbance associated with the Project is approximately 0.006 acres and 20 linear feet. The Applicant has included project size calculations that were used to determine the total size of the Project.

The proposed Project complies with the General 401 Certification for Small Habitat Restoration Projects and associated categor - ical exemption from the California Environmental Quality Act (Cal. Code Regs., title 14, § 15333). Project Associated Discharge: Discharge of materi- als into Waters of the State, as defined by Water Code

section 13050 subdivision (e), resulting from the Proj- ect include those associated with the following: (1) less than 1.0 cubic yard of soil, (2) less than 1.0 cubic yards of rock rip–rap, (3) less than 1.0 cubic yard of native vegetation, (4) waddles and bridge diaper, and (5) a pedestrian bridge.

Project Timeframes: Start date: September 15, 2023 Completion date: October 31, 2024 Work window: Instream work will occur between September 15 and October 15, with the option for extension or modification with written approval from the North Coast Regional Water Quality Control Board (Regional Water Board) Water Quality Certification Background : Because the Project’s primary purpose is habitat restoration in- tended to improve the quality of waters in California and improve fish passage to rearing habitat, the Re - gional Water Board issued a Notice of Applicability (NOA) for Coverage under the State Water Resourc - es Control Board General 401 Water Quality Certi - fication Order for Small Habitat Restoration Projects SB12006GN (Order) (Waste Discharge Identification (WDID) No. 1A23038WNDN, Electronic Content Management Identification (ECM PIN) No.

CW– 887702 for the Project. The NOA describes the Project and requires the Applicant to comply with terms of the Order. Additionally, the Applicant has provided a sup- plemental document that sets forth measures to avoid and minimize impacts to coho salmon, steelhead trout, other fish species, amphibians, birds, and rare plants.

Receiving Water: Unnamed tributary to West Branch Mill Creek Filled or Excavated Area: Permanent area impacted: 0.006 Temporary area impacted: 0.0062 acres m a x i m u m Length permanently impacted: 20 feet Length temporarily impacted: NA Regional Water Board staff determined that the Project may proceed under the Order. Additionally, Regional Water Board staff determined that the Proj - ect, as described in the Notice of Intent (NOI) com - plies with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.).

Noticing: On June 21, 2023, the Director of the California Department of Fish and Wildlife (CDFW) received a notice from the Applicant requesting a de - termination pursuant to Fish and Game Code

Section 1653 that the NOA, NOI, and related species protec - tion measures are consistent with the Habitat Resto - ration and Enhancement Act (HREA) with respect to the Project.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 1012 Pursuant to Fish and Game Code

section 1653 sub - division (c), CDFW filed an initial notice with the Of- fice of Administrative Law on June 21, 2023, for pub- lishing in the General Public Interest

section of the California Regulatory Notice Register (Cal. Reg. No - tice File Number Z–2023–0621–03) on July 7, 2023. Upon approval, CDFW will file a final notice pursuant to Fish and Game Code

section 1653 subdivision (f). DETERMINATION CDFW has determined that the NOA, NOI, and re - lated species protection measures are consistent with HREA as to the Project and meets the conditions set forth in Fish and Game Code

section 1653 for autho - rizing the Project. Specifically, CDFW finds that:

(1) The Project pur- pose is voluntary habitat restoration and the Project is not required as mitigation; (2) the Project is not part of a regulatory permit for a non–habitat restoration or enhancement construction activity, a regulatory set - tlement, a regulatory enforcement action, or a court order; and (3) the Project meets the eligibility require- ments of the State Water Resources Control Board’s Order for Clean Water Act

Section 401 General Water Quality Certification for Small Habitat Restoration Projects. A VOIDANCE AND MINIMIZATION MEASURES The avoidance and minimization measures for the Project, as required by Fish and Game Code

section 1653, subdivision (b)(4), were included in an attach - ment to the NOI, which contains the following catego- ries:

(1) Construction–period Water Quality Protection and Erosion and Sedimentation Control Measures;

(2) Post–construction and Sediment Control and Water Quality Protection Requirements;

(3) General Pro - gram Conditions for Vegetation Management; and

(4) General Measures to Avoid Impacts on Biological Re- sources. The specific avoidance and minimization re - quirements are found in attachments to the NOI, Mill Creek Campground Accessibility and Aquatic Habitat Improvement Project Del Norte Coast Redwoods State Park: Project Description, Preconstruction Biologi - cal Survey Reports, Botanical Survey and Rare Plant Report for the Mill Creek Campground Footbridge Restoration Project, Species Protection Measures Incorporated into Project Design, and Supplemental Avoidance and/or Minimization Measures to Protect Fish, Wildlife and Plant Resources . MONITORING AND REPORTING As required by Fish and Game Code

section 1653, subdivision (g), the Applicant included a copy of the monitoring and reporting plan. The Applicant’s Moni- toring and Reporting Plan provides a timeline for res - toration, performance standards, and monitoring pa - rameters and protocols. Specific requirements of the plan are found in an attachment to the NOI, Mill Creek Campground Accessibility and Aquatic Habitat Im - provement Project: Monitoring and Reporting Plan .

NOTICE OF COMPLETION Coverage under the State Water Resources Control Board General 401 Water Quality Certification Order for Small Habitat Restoration Projects requires the Applicant to submit a Notice of Completion (NOC) no later than 30 days after the project has been complet - ed. A complete NOC includes at a minimum: ● photographs with a descriptive title; ● date the photograph was taken; ● name of the photographic site; ● WDID number and ECM PIN number indicated above; ● success criteria for the Project.

The NOC shall demonstrate that the Applicant has carried out the Project in accordance with the Project description as provided in the Applicant’s NOI. Appli- cant shall include the project name, WDID number, and ECM PIN number with all future inquiries and document submittals. Pursuant to Fish and Game Code

section 1653, subdivision (g), the Applicant shall sub- mit the monitoring plan, monitoring report, and notice of completion to CDFW as required by the General Order. Applicant shall submit documents electronical- ly to: Nicholas.VanVleet@wildlife.ca.gov. PROJECT AUTHORIZATION Pursuant to Fish and Game Code

section 1654, CD- FW’s approval of a habitat restoration or enhancement project pursuant to

section 1652 or 1653 shall be in lieu of any other permit, agreement, license, or other approval issued by the department, including, but not limited to, those issued pursuant to

Chapter 6 (com - mencing with

section 1600) and

Chapter 10 (com - mencing with

section 1900) of this Division and Chap- ter 1.5 (commencing with

section 2050) of Division 3. Additionally, Applicant must adhere to all measures contained in the approved NOA and comply with other conditions described in the NOI. If there are any substantive changes to the Project or if the Water Board amends or replaces the NOA, the

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 1013 Applicant shall be required to obtain a new consisten- cy determination from CDFW. (See generally Fish & Game Code, § 1654, subdivision (c).) DEPARTMENT OF FISH AND WILDLIFE CESA CONSISTENCY DETERMINATION REQUEST FOR SPL&T’S FORESTLAND MANAGEMENT PROGRAM HABITAT CONSERVATION PLAN 2080–2023–013–00 The California Department of Fish and Wildlife (CDFW) received a notice on July 12, 2023, that Si - erra Pacific Land & Timber Company (SPL&

T) pro - poses to rely on a federal permit to carry out a project that may adversely affect a species protected by the California Endangered Species Act (CESA). The pro- posed project involves forestland management activi - ties and certain mitigation and conservation measures. Proposed activities will include, but are not limited to, timber harvesting; road construction, use, mainte - nance, and reconstruction; prescribed burns; and fire suppression.

The proposed project will occur within the Trinity and Sacramento River Basins on approx - imately 355,061 acres owned by SPL&T in planning watersheds within the known limits of anadromy. SPL&T prepared a Habitat Conservation Plan (HCP) which considered the effects of the proposed project on state and federally threatened Central Valley spring– run Chinook salmon ( Oncorhynchus tshawytscha ); state and federally endangered Sacramento River win- ter–run Chinook salmon ( O . tshawytscha ); and state and federally threatened Southern Oregon/Northern California Coast coho salmon ( O . kisutch ).

The Na - tional Marine Fisheries Service (NMFS) issued a fed - eral incidental take permit (ITP) (Permit No. 24396) to SPL&T on September 29, 2021. On May 23, 2023, SPL&T requested a minor modification to the ITP and on June 9, 2023, NMFS issued an email approving this minor modification request. Pursuant to California Fish and Game Code

section 2080.1, SPL&T is requesting a determination that the ITP and its associated HCP are consistent with CESA for purposes of the proposed project. If CDFW deter - mines the ITP and its associated HCP are consistent with CESA for the proposed project, SPL&T will not be required to obtain an incidental take permit under Fish and Game Code

section 2081 subdivision (

b) for the proposed project. DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA ENDANGERED SPECIES ACT CONCURRENCE DETERMINATION NO. 2080–2023–008–02 Project: Nonessential Experimental Population D esignation and 4(

d) Take Provisions for R eintroduction of Central Valley Spring–Run C hinook Salmon to the Upper Yuba River and i ts Tributaries Upstream of Englebright Dam Location: Yuba County BACKGROUND On December 28, 2022, the Secretary of Commerce published regulations in the Federal Register designat- ing a nonessential experimental population of Central Valley spring–run Chinook salmon ( Oncorhynchus tshawytscha) and protective regulations pursuant to

section 1533(

d) of the federal Endangered Species Act (ESA) of the Upper Yuba River and its tributaries up- stream of Englebright Dam (87 Fed. Reg. 79808–79818 (December 28, 2022); 50 C.F.R. § 223.301(d) (2022)). In doing so, the National Marine Fisheries Service (NMFS) established take prohibitions and exceptions for the nonessential experimental population for oth - erwise lawful activities within the experimental pop - ulation’s geographic range.

The designation and take provisions specify protec- tive measures, prohibitions, and exceptions to the pro- hibitions for the designated experimental population of spring–run Chinook salmon, a species designated as threatened pursuant to the California Endangered Species Act (CESA) (Cal. Fish & Game. Code, § 2 050 et seq; see Cal. Code Regs., title 14, § 6 70.5, subdivi- sion (b)(2)(C)), in the Upper Yuba River, which, as de- scribed herein, the Director of the California Depart - ment of Fish and Wildlife (CDFW) determines meet the requirements of Fish and Game Code § 2080.6(c).

The regulation includes protective measures, prohibitions, and exceptions to the prohibitions . Subject to the express exceptions set forth in 50 C.F.R. § 2 23.301(d)(3), the regulation applies all take prohibitions listed under ESA

section 9(a)(1). 1 50 C.F.R. § 223.301(d)(3). 1NOAA has previously issued regulations pursuant to 16 U.S.C. § 1 533(d) (hereinafter “4(d)”) and applicable to Central Valley spring–run Chinook salmon. 50 C.F.R. § 2 23.203. See, 16 U.S.C. § 1 533(d) (providing that “[w]henever any species is listed as a threatened species pursuant to subsection (

c) of this section, the Secretary shall issue such regulations as he deems necessary and advisable to provide for the conservation of such species.”)

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 1014 These prohibitions include legal and illegal activi - ties resulting in take, and apply to all Central Valley spring–run Chinook salmon in the experimental pop - ulation area (50 C.F.R. § 223.301(d)(2)–(3)). The regulation also provides exceptions to those prohibitions. Take that is unintentional, not due to neg- ligent conduct, and incidental to, and not the purpose of, the carrying out of an otherwise lawful activity is not prohibited (50 C.F.R. § 223.301(d)(4)(ii)).

In addi- tion, any take of Central Valley spring–run Chinook salmon is not prohibited if it is by authorized govern - mental entity personnel acting in compliance with 50 C.F.R. § 223.203(b)(3) to aid a sick, injured, or strand- ed fish; dispose of a dead fish; or salvage a dead fish that may be useful for scientific study (50 C.F.R. § 223.301(d)(4)(i)). Take also is not prohibited under the federal ESA if it occurs pursuant to a permit issued by NMFS under

section 10 of the ESA (16 U.S.C. § 1539) and regulations applicable to such a permit (50 C.F.R. § 223.301(d)(4)(iii)). These protective measures, prohibitions, and exceptions to prohibitions contain measures to avoid and minimize the impacts of any taking allowed by the regulation . CDFW notes that many federal and state laws and regulations will aid in the establishment and survival of the experimental population through the protection of aquatic and riparian habitat (87 Fed.

Reg. 79811– 79812 (noting, for example, that the regulation does not affect the applicability of sections 404, 401, and 402 of the Clean Water Act, the Magnuson –Stevens Fishery Conservation and Management Act, California Fish and Game Code

section 1600 et seq., CESA, or the California Environmental Quality Act)). In addition, the exceptions to the take prohibition are narrow and apply to the experimental population only when, and at such times as, it is wholly separate geographical - ly from the nonexperimental population of the same species (87 Fed. Reg. 79812–79813).

After consider - ing the measures, prohibitions, and exceptions to the prohibitions in the regulation, in conjunction with the continued applicability of these federal and state stat - utes in this context, CDFW concurs with NMFS’ de - termination that the regulation includes measures to avoid and minimize the impacts of any taking allowed by the regulation. These protective measures, prohibitions, and exceptions to prohibitions will further the conservation of the spring–run Chinook salmon and their restoration in the Upper Yuba River and will not jeopardize their continued existence or recovery .

The Fish and Game Code provides that “conserva - tion” means “to use, and the use of, all methods and procedures which are necessary to bring any endan - gered species or threatened species to the point at which the measures provided pursuant to this chap - ter are no longer necessary” (Cal. Fish and G. Code § 2061). Notably, past and recent status reviews have concluded that Central Valley spring–run Chinook salmon have been nearly extirpated in the Yuba Riv - er due to the presence of Englebright Dam (87 Fed. Reg. 79813).

In making the determination as to wheth- er to release an experimental population of Central Valley spring–run Chinook salmon into the Upper Yuba River, the Secretary of Commerce must deter - mine whether doing so would further the conservation of the species. In making this determination, NMFS considered: (1) the effects of gathering broodstock on the extant populations of the ESU; (2) the potential for the released population to survive in the foreseeable future; and (3) the potential contribution of an ex - perimental population to the recovery of the Central Valley spring–run Chinook salmon ESU. (See 87 Fed.

Reg. 79811–79813.) Importantly, a status review of the species every five years will develop information to assess the measures’ efficacy and, if necessary, will trigger revision to the regulation through the rulemaking process (87 Fed. Reg. 79814). In light of those foregoing considerations, NMFS concluded, and CDFW concurs, that designa - tion of the experimental population would further the conservation and will not jeopardize the continued ex- istence or recovery of Central Valley spring–run Chi - nook salmon.

DETERMINATION The Secretary of Commerce has published regu - lations in the Federal Register specifying protective measures, prohibitions, and exceptions to the prohi - bitions for the designated experimental population of Central Valley spring–run Chinook salmon in the Up- per Yuba River above Englebright Dam. As described above, the Director has determined, in writing, that the protective measures, prohibitions, and exceptions to the prohibitions contained in the regulations meet the requirements in Fish and Game Code

section 2080.6 subdivision (

c) and, consequently, no further authorization or approval is necessary under CESA for any person to incidentally take members of the experimental population, if the activity that results in incidental take of the designated experimental popula- tion is authorized by the regulations published in the Federal Register.

CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 31-Z 1015 ● Activity Stipends to ensure children and youth in- volved in child welfare have access to extracurric- ular activities that support health and wellbeing* ● Cross–sector incentive program to support chil - dren and youth involved in child welfare who are also receiving specialty mental health services* ● Statewide incentive program to support behavior- al health delivery systems in strengthening qual - ity infrastructure, improving performance on quality measures, and reducing disparities in be - havioral health access and outcomes* ● Incentive program for opt–in counties to sup - port and reward counties in implementing community–based services and EBPs for Medi– Cal members living with SMI/SED and/or a SUD ● Transitional rent services for up to six months for eligible high–need members who are experienc - ing or at risk of homelessness ● FFP for care provided during short–term stays in IMDs PUBLIC REVIEW AND COMMENT PROCESS The 30–day public comment period for the BH– CONNECT demonstration application is from August 1, 2023, through August 31, 2023.

All comments must be received no later than 11:59 PM (Pacific Time) on August 31, 2023. All information regarding the BH–CONNECT demonstration can be found on the DHCS website at: https://www.dhcs.ca.gov/CalAIM/Pages/BH– CONNECT.aspx. DHCS will update this website throughout the public comment and application pro - cess. The BH–CONNECT demonstration application will also be circulated via DHCS’ relevant electronic mailing lists, including the DHCS Stakeholder Email List, Behavioral Health Stakeholder Updates List, Legislative and Government Affairs List, and Tribal/ Indian Health Program List.

DHCS will host the following public hearings to so- licit stakeholder comments. The public hearings will take place in–person and have online video stream - ing and telephonic conference capabilities to ensure accessibility. ● Friday, August 11, 2023 — First Public Hearing ○ 10:00–11:30 a.m. PT ○ Department of Gener